Trump Administration Can Now Deport Asylum Seekers Without Letting Them Appeal Their Case
On Thursday, the U.S. Supreme Court ruled that the Trump administration can now deport asylum seekers without letting them appeal their case in court. Under the recent ruling, those who fail their initial asylum screenings will now be recommended for quick deportation.
The 7-2 ruling by the nine judges is a win for the Trump administration. According to a report by The Guardian, the decision affects thousands of immigrants who are no longer entitled to protection from unlawful imprisonment.
The court ruled that a 1996 law preventing judicial review of the credible fear determination does not violate the Constitution. The expedited removal of asylum seekers was infrequently used until the Obama administration when there was a surge in immigrants from Central America.
Supreme Court's Ruling
The recent ruling was enacted in the case of Sri Lankan farmer, Vijayakumar Thuraissigism. The immigrant crossed the southern U.S. border in January 2017. In a statement he gave to the asylum officers, Thuraissigism claimed he fled persecution as a member of his Sri Lanka's Tamil minority. The immigrant was arrested 25 yards of the border, where he failed to show any documentation.
During an interview, Thuraissigism revealed he was abducted and beaten by men in his home country, forcing him to spend 11 days in the hospital due to the injuries he sustained from the brutal beating.
The immigration officer acknowledges his story. However, he failed to identify his attackers' motives. He also said he did not fear persecution due to any of the protected characteristics, such as political beliefs or race.
As a result, an asylum officer rejected his application after concluding he did not have a "credible" fear of persecution, putting Thuraissigism into expedited removal, Fox News reported.
The Sri Lankan national filed a habeas corpus petition, which a federal District Court denied. The Ninth Circuit overturned the decision after they determined that the law was unconstitutional. Thursday's ruling reversed the Ninth Court's decision.
DACA Ruling
The Supreme Court's decision came a week after they ruled in favor of the Deferred Action for Childhood Arrivals (DACA) on June 18. The program, which was established by the Obama administration, protected more than 700,000 undocumented immigrants from deportation.
The ruling ended in a 5-4 decision after the majority determined the administration failed to present reasons why the program should be stopped. While Trump could still try to terminate the program, that is unlikely to happen before the election.
Read more: Supreme Court Blocks Trump's Effort to End DACA, Grants Relief to Undocumented Immigrants
The DACA program was established to help young undocumented migrants who have grown up in the United States get work permits, obtain health insurance, and receive an education.
While the program does not provide a pathway to citizenship, immigrants may enroll in schools, institutions, and serve in the military. They are also eligible for access to drivers' licenses, in-state tuition, and loans.
Since the administration attempted to terminate the program, no new applicants have been accepted.
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